Lawyer or no?
Click here for Top Ten Discussions. CLICK HERE for Q & A Homepage
Receive Free Rental Owner Updates Email:  
MrLandlord Q & A
     
     
Lawyer or no? (by WI House [WI]) May 11, 2019 8:34 PM
       Lawyer or no? (by WI House [WI]) May 11, 2019 8:39 PM
       Lawyer or no? (by WI House [WI]) May 11, 2019 8:40 PM
       Lawyer or no? (by Robert,OntarioCanada [ON]) May 11, 2019 8:56 PM
       Lawyer or no? (by Robert J [CA]) May 11, 2019 9:07 PM
       Lawyer or no? (by WI House [WI]) May 11, 2019 9:50 PM
       Lawyer or no? (by JKJ [MA]) May 11, 2019 10:31 PM
       Lawyer or no? (by Still Learning [NH]) May 11, 2019 11:01 PM
       Lawyer or no? (by GKARL [PA]) May 11, 2019 11:12 PM
       Lawyer or no? (by WI House [WI]) May 11, 2019 11:51 PM
       Lawyer or no? (by JB [OR]) May 12, 2019 12:14 AM
       Lawyer or no? (by Sparky [PA]) May 12, 2019 6:23 AM
       Lawyer or no? (by nhsailmaker [NH]) May 12, 2019 7:33 AM
       Lawyer or no? (by plenty [MO]) May 12, 2019 8:50 AM
       Lawyer or no? (by AllyM [NJ]) May 12, 2019 9:51 AM
       Lawyer or no? (by Busy [WI]) May 12, 2019 10:25 AM
       Lawyer or no? (by Busy [WI]) May 12, 2019 3:05 PM
       Lawyer or no? (by Vee [OH]) May 12, 2019 6:24 PM
       Lawyer or no? (by Beth [WI]) May 12, 2019 9:13 PM
       Lawyer or no? (by WI House [WI]) May 12, 2019 11:59 PM

Click here to reply to this discussion.
Click Here to send this discussion to a friend

Lawyer or no? (by WI House [WI]) Posted on: May 11, 2019 8:34 PM
Message:

Tenant became verbally abusive calling me names (b word), yelling, etc. She had been a good tenant until she damaged property (unintentionally) and I told her she needed to pay for the damage.

She says that she wants out of her lease. I don't think that she was expecting me to let her out of lease, but I think that I will if she cooperates with showings for prospective tenants.

This won't go through. I wonder if it's too long.

PLEASE READ MY NEXT POST BEFORE RESPONDING. Thanks! --47.41.xxx.xxx




Lawyer or no? (by WI House [WI]) Posted on: May 11, 2019 8:39 PM
Message:

Do you think I'm ok writing a termination of lease agreement myself or do you think that I should have a lawyer do it? Not sure if it's worth the cost. My lawyer will give me advice on a quick call for free, but I'm sure he will charge if he has to write a letter. --47.41.xxx.xxx




Lawyer or no? (by WI House [WI]) Posted on: May 11, 2019 8:40 PM
Message:

Also, I don't want to lose a month's rent because of this tenant, so I want to show it with her still living there. How do I get her to cooperate with showings and not stand there calling me a b**** during showings? She said that she won't be around for showings, but someone told me that she might retaliate in various ways, including putting something on Craig's List, damaging property, etc. Cooperation is subjective, so I'm not sure how I would word that in a document that would end her lease early.

Now I'm finally done posting! :-) --47.41.xxx.xxx




Lawyer or no? (by Robert,OntarioCanada [ON]) Posted on: May 11, 2019 8:56 PM
Message:

Consider joining a landlords association for advise. Google to find a landlords association. --147.194.xxx.xx




Lawyer or no? (by Robert J [CA]) Posted on: May 11, 2019 9:07 PM
Message:

People go from cold to hot within seconds, depending on issues. If you re-address your tenant after she cools down, you can come to terms.

Many times when a tenant causes damage to a rental I know its hard to collect, they have limited funds. So I ask them whom do you think should pay for the repair? Me, you, your children or the tooth fairy? I then make a proposal. If they agree to pay for the material costs, I will do the labor myself.

Case in point a tenant broke a front window to an apartment building and it had to fixed ASAP. I asked how did it get broken and I was told someone drove by and threw a stone through the window. But the glass was broken from the inside out.

I asked they to pay for a sheet of glass and I would install it, no labor cost to them. I asked them for $35 and the couple refused. So I then hired a professional glass company and had it fixed for $125. I sent the tenant a bill. When it wasn't paid, I asked them to give me $10 a month towards the window glass replacement. Again they refused.

Instead of having another vacancy, I deducted it from their deposit and sent them an accounting. I then raised their rent and asked for their deposit to be brought back up to the required amount.

I had them as tenants for another 4 years..... An eviction and repairs would have set me back $4,000 plus.... I got off cheep. --47.156.xx.xx




Lawyer or no? (by WI House [WI]) Posted on: May 11, 2019 9:50 PM
Message:

Thanks Robert, but we are way past that point. I have tried to work out a payment plan, etc. for months and have been back and forth with this tenant. She absolutely refuses to agree to pay anything and took advantage of my needing to be in the property to take care of something to become extremely hostile and abusive. I wonder if I should have called the police in case she escalates things even more in the future.

This tenant refuses to stop the behavior that caused the damage in the first place, so I am concerned that I am going to have more damage if she stays. (I am purposely being vague since things are so hostile and anyone could find this forum and recognize themselves.) I think it's best to let her leave and for me to start over with someone new. --47.41.xxx.xxx




Lawyer or no? (by JKJ [MA]) Posted on: May 11, 2019 10:31 PM
Message:

I donít know if it worth showing the unit with her there, perhaps at this point you would be better showing the unit after she has moved out. Obviously the point of showing a unit before itís vacant is to minimize lost rental income. If this woman is that hostile and you are concerned about future retaliation the list of things she could do is very long, everything from posting negative things online, being uncooperative at showings, or so far as to agree to move, you sign a new tenant then she refuses to leave, staying long enough to make your life hell. Could you take her to court if she was to do some of these things, sure.......but how long will that take, will the judge find in your favor, will you need to hire an attorney? Thatís a lot of ifs, I think get her out, get the unit ready, show it, and get a new tenant in. Just my opinion. Good luck, I hope it gets resolved quickly. --71.248.xxx.xxx




Lawyer or no? (by Still Learning [NH]) Posted on: May 11, 2019 11:01 PM
Message:

I would not show it with her in the unit. In this case the month of lost rent or hopefully less than a month is the cost of doing business. Give her the happy clause allowing her to break her lease. You could also sweeten the deal and forgive damages or pay her to be out quick with no further damage. --24.61.xxx.xx




Lawyer or no? (by GKARL [PA]) Posted on: May 11, 2019 11:12 PM
Message:

There's no assurance that you'll rent the place with the tenant still in place. I would just wait until she's out, repair and show. --209.122.xx.xxx




Lawyer or no? (by WI House [WI]) Posted on: May 11, 2019 11:51 PM
Message:

Thanks for the advice. Unfortunately, this place shows much better furnished. I will have to do some thinking about this. --47.41.xxx.xxx




Lawyer or no? (by JB [OR]) Posted on: May 12, 2019 12:14 AM
Message:

For me, in my lease, I am protected from abusive language or behavior that a tenant decides to rain down on me. I would terminate her lease immediately. Give her the minimum required notice and get rid of her. Hopefully your lease has such protective language within. You could begin advertising the place for rent but I doubt I would try showing with her in there. That could be trouble.

In my state I'm allowed to audibly record the abusive language with one person consent (that's me). Check your own state's laws regarding this. Even if two party consent is required you could let her know you were going to record her and get her response.

It wouldn't hurt to get your attorney's advice regarding this entire matter, but most are very conservative in their responses. I don't really see the need for an attorney to write a letter but often a good attorney could possibly save you several hundred or thousand dollars with pertinent and valuable advice, then it could be very worthwhile.

Good luck! Keep us posted on how it works out for you. --24.20.xxx.xxx




Lawyer or no? (by Sparky [PA]) Posted on: May 12, 2019 6:23 AM
Message:

What is the damage she has done to your property? What is the behavior that this tenant refuses to stop that caused the damage in the first place? --100.6.xx.xxx




Lawyer or no? (by nhsailmaker [NH]) Posted on: May 12, 2019 7:33 AM
Message:

YOU ARE IN THE DRIVERS SEAT

she wants out

give her a letter stating the conditions under which she will be let out of the lease

1) state date of vacancy

2) state that she must be out of house when you show it and you will give proper notice

RENT ON --24.62.xxx.xxx




Lawyer or no? (by plenty [MO]) Posted on: May 12, 2019 8:50 AM
Message:

Let her go now before some free lawyer steps in to represent her for some else like discrimination. She is unpredictable and uncooperative. I would not show it while she is there and i would not be concerned about "it shows better furnished" give that up. Get the paperwork done and Sit quite until she is gone. Be your own best friend. Run your business. --99.203.xx.xxx




Lawyer or no? (by AllyM [NJ]) Posted on: May 12, 2019 9:51 AM
Message:

OK, the details of what she broke are important. Perhaps it is not something she should pay for. Is it bathroom related? I got a couple out of my unit after three serious issues they created as the male was trying to start a motorcycle repair, car detailing and then junk car sales, in a 1950s size garage in a lovely residential area. After three notices I told him to get a lawyer since I am getting one. You might try that as people don't want that and she may just leave. But I would give her a notice to cease right away which talks about the damage. --173.61.xxx.xx




Lawyer or no? (by Busy [WI]) Posted on: May 12, 2019 10:25 AM
Message:

I would let her go. She may have a difficult time finding her next place, so she might not be put on time. So, me, I would wait until she is completely gone before showing. She may leave you some nice surprise damages on the way out that need repairs before new tenant can move in. Doesnít matter, at that point who broke what, it DOES matter though that you would have a great new tenant all lined up, then YOUR end of the deal cannot be upheld because the place was trashed. So, get this one out first.

I have found, tenants will do what tenants are going to do, so itís my responsibility to make the houses tenant proof. We landlords can fuss and try to train and teach all we want, but easier to just harden up the property so temptation is gone. --70.92.xxx.xxx




Lawyer or no? (by Busy [WI]) Posted on: May 12, 2019 3:05 PM
Message:

Oh, for showing furnished: nice card table and chairs with tablecloth, air mattresses stacked to make a queen bed, nice bedspread or quilt, if you want to get fancy, headboard made out of pretty pillows on the bed. A couple of IKEA chairs, those ones we all have where itís the wood frame with fabric or leather cushions. Add nice set of bath towels in the bathroom, a simple shower curtain. A few decorative chokes, vases of willow sticks, or whatever. All that can be stuff pulled from your own house, and would all fit in one minivan load.

And, if you are showing over spring, summer, of fall, donít forget a nice container of flowers on the front porch. Bring them home to your house when you are done. Or, leave for your tenants, if you wish. ( one of the speakers at convention will tell you, nothing like a bright cheerful pot of yellow flowers to bring in the good tenants!)

All of that is much leads anxiety and work than dealing with a hostile tenant.

You can get a little fancier with it, but, you get the idea. Think of things that are foldable, collapsible, but when a couple of pillows are added, look kind of nice. And all of it stores easily in your own house, and can --70.92.xxx.xxx




Lawyer or no? (by Vee [OH]) Posted on: May 12, 2019 6:24 PM
Message:

Everyplace shows better furnished, With damage the payment plan is add to next rent cycle, took 30 minutes or less to cause damage - give 30 days to pay in full, simple wallet training - landlord 101... --76.188.xxx.xx




Lawyer or no? (by Beth [WI]) Posted on: May 12, 2019 9:13 PM
Message:

If you are curious as to whether she will be cooperative in a showing, have a friend or fellow landlord at a showing as a ďprospectiveĒ tenant. --47.12.xxx.xx




Lawyer or no? (by WI House [WI]) Posted on: May 12, 2019 11:59 PM
Message:

I am going to talk to my lawyer tomorrow. If the tenant wants to leave, I don't want to drag this out. What kind of time period would you give her to sign a statement that she will leave and how long would you suggest to give her to move? I was thinking maybe the end of June? --47.41.xxx.xxx



Click Here to send this discussion to a friend
Report discussion to Webmaster


Reply:
Subject: RE: Lawyer or no?
Your Name:
Your State:

Message:
Lawyer or no?
Would you like to be notified via email when somebody replies to this thread?
If so, you must include your valid email address here. Do not add your address more than once per thread/subject. By entering your email address here, you agree to receive notification from Mrlandlord.com every time anyone replies to "this" thread. You will receive response notifications for up to one week following the original post. Your email address will not be visible to readers.
Email Address: